Amendment #1017 to H4000

CPCS Private Counsel Rate and Cap Waiver

Representatives Scaccia of Boston, Cronin of Easton, Fernandes of Milford, Chan of Quincy, Cabral of New Bedford, Dykema of Holliston, Fox of Boston and Canavan of Brockton move to amend the bill by inserting at the end thereof the following new section:

SECTION ___.  Chapter 211D, as appearing in the 2012 Official Edition, is hereby amended by striking out section 11, and inserting in place thereof the following:-

Section 11. (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $105 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $65 per hour; for district court cases and children in need of services cases the rate of compensation shall be $52 per hour; for children and family law cases, care and protection cases, sex offender registry cases and mental health cases the rate of compensation shall be $52 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.

(b) The committee shall set an annual cap on billable hours not in excess of 1650 hours, provided however that such limitation shall not apply, if the chief counsel of the committee determines that a waiver shall be allowed due to:  i.) Limited availability of qualified counsel in that geographic location or practice area, ii.) Requirements for expertise rendering assignment to certain service providers would be more cost effective, or iii.) Demonstrated efficiency of the service provider shows that shifting the service to other providers will reduce the quality and increase the cost of the service. Counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of the annual limit of billable hours. It shall be the responsibility of private counsel to manage their billable hours.

(c) Any counsel who is appointed or assigned to represent indigents within the private counsel division, except any counsel appointed or assigned to represent indigents within the private counsel division in a homicide case, shall be prohibited from accepting any new appointment or assignment to represent indigents after that counsel has billed 1350 billable hours during any fiscal year, provided however, that the limitation shall not apply if the chief counsel for the committee determines that a waiver shall be allowed due to factors set out in subsection (b) of this section.